Partitions

Question 1

When is a partition required?

Answer 1

If T/C or J/T cannot solve their issues by mutual agreement, any one of them can bring an action for judicial partition.

Question 2

Define: Partition in Kind

Answer 2

Separates the property with a division line. Pretty much draw a line right down the middle of the property. This is the favorite by the court and most often used.

Question 3

Define: Partition Sale

Answer 3

Only used when a partition in kind is impractical. (When there is structures on the property, the property is difficult to divide, etc.) The court will order judicial sale of the property, then divide the proceeds between the party.

Question 4

When will a partition sale be ordered?

Answer 4

1) the physical attributes of the land are such that a partition in kind is impractical or inequitable
2) the interest of the owners would be better served by a sale of the land rather than a division.